“compassionate allowance” means an allowance made under section 13 of this Act and the regulations; (“indemnité spéciale”)

“contractor” means an individual, corporation, partnership or unincorporated association that enters into a contract or agreement under subsection 8 (4) or (5) to provide correctional services, and includes any person engaged by the contractor to provide any of the services; (“entrepreneur”)

“correctional institution” means a correctional institution established or continued under section 14, whether it is operated or maintained by the Ministry or by a contractor, but does not include a place of open custody, a place of secure custody, a place of temporary detention or a lock-up established under section 16.1 of the Police Services Act; (“établissement correctionnel”)

“correctional service” means a service provided for the purpose of carrying out the function or objects of the Ministry, including the operation and maintenance of correctional institutions; (“service correctionnel”)

“inmate” means a person confined in a correctional institution or otherwise detained in lawful custody under a court order, but does not include a young person within the meaning of the Young Offenders Act (Canada) or the Youth Criminal Justice Act (Canada) unless he or she,

(a) has been transferred to ordinary court under the Young Offenders Act (Canada), or

(b) receives an adult sentence within the meaning of the Youth Criminal Justice Act (Canada); (“détenu”)

“Minister” means the Minister of Correctional Services; (“ministre”)

“Ministry” means the Ministry of Correctional Services; (“ministère”)

“parole” means parole under the Corrections and Conditional Release Act (Canada) or this Act, and “parolee” means a person who is released on parole; (“libération conditionnelle” ou “liberté conditionnelle”, “personne en liberté conditionnelle”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“probation” means the disposition of a court authorizing a person to be at large subject to the conditions of a probation order or community service order and “probationer” means a person who is subject to a probation order or community service order; (“probation”, “probationnaire”)

“regulations” means the regulations made under this Act; (“règlements”)

2. (1) The ministry of the public service known in English as the Ministry of Correctional Services and in French as ministère des Services correctionnels is continued. R.S.O. 1990, c. M.22, s. 2 (1).

Minister to preside

(2) The Minister shall preside over and have charge of the Ministry. R.S.O. 1990, c. M.22, s. 2 (2).

Deputy Minister

3. The Lieutenant Governor in Council shall appoint a Deputy Minister of Correctional Services who shall be the deputy head of the Ministry. R.S.O. 1990, c. M.22, s. 3.

Duties of Minister

4. The Minister is responsible for the administration of this Act and any Acts that are assigned to him or her by the Legislature or by the Lieutenant Governor in Council. R.S.O. 1990, c. M.22, s. 4.

Functions of Ministry

5. It is the function of the Ministry to supervise the detention and release of inmates, parolees and probationers and to create for them an environment in which they may achieve changes in attitude by providing training, treatment and services designed to afford them opportunities for successful personal and social adjustment in the community, and, without limiting the generality of the foregoing, the objects of the Ministry are to,

(a) provide for the custody of persons awaiting trial or convicted of offences;

(b) establish, maintain and operate correctional institutions;

(c) provide programs and facilities designed to assist in the rehabilitation of inmates;

(d) establish and operate a system of parole;

(e) provide probation services;

(f) provide supervision of non-custodial dispositions, where appropriate; and

(g) provide programs for the prevention of crime. 2009, c. 2, s. 17.

Employees

6. Such employees as are required from time to time for the proper conduct of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006. R.S.O. 1990, c. M.22, s. 6; 2006, c. 35, Sched. C, s. 71 (1).

Delegation of Minister’s powers

7. Where, under this or any other Act, a power or duty is granted to or vested in the Minister, he or she may in writing delegate that power or duty to the Deputy Minister, or to any officer or officers of the Ministry, subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation. R.S.O. 1990, c. M.22, s. 7.

Agreements to provide corrective services

8. (1) The Minister, with the approval of the Lieutenant Governor in Council, may, on behalf of the Crown in right of Ontario, make agreements with the Crown in right of Canada or of any province of Canada or with any municipality respecting,

(a) the exchange of services provided by the Ministry;

(b) the transfer of inmates serving custodial sentences;

(c) any matter relating to the supervision and rehabilitation of an inmate, parolee or probationer; or

(4) The Minister, for and in the name of the Crown, may enter into any contract or agreement that he or she considers advisable for the purpose of carrying out the provisions of this Act. R.S.O. 1990, c. M.22, s. 8 (4).

Idem

(5) The employees of the Ministry under the direction of the Minister or the Deputy Minister may enter into contracts or agreements for and in the name of the Crown to carry out the responsibilities of the Ministry under this Act. R.S.O. 1990, c. M.22, s. 8 (5).

Same

(6) Without limiting the generality of subsections (4) and (5), a contract or agreement under either of those subsections may authorize or require an individual, corporation, partnership or unincorporated association to provide correctional services. 2000, c. 40, s. 2.

Volunteers

9. Every person providing volunteer services to the Ministry shall serve under the direction of an employee of the Ministry, a contractor or an employee of a contractor. R.S.O. 1990, c. M.22, s. 9; 2000, c. 40, s. 3.

Confidentiality

10. (1) Every person employed in the administration of this Act, including any person making an inspection, investigation or inquiry under this Act, shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of his or her duties, employment, inspection, investigation or inquiry and shall not communicate any such matters to any other person except,

(a) as may be required in connection with the administration of this Act, the Corrections and Conditional Release Act (Canada), the Prisons and Reformatories Act (Canada), the Young Offenders Act

(Canada), the Youth Criminal Justice Act (Canada), the Provincial Offences Act or the Criminal Code (Canada) or the regulations thereunder;

(b) to the Ombudsman of Ontario or Correctional Investigator of Canada;

(c) in statistical form if the person’s name or identity is not revealed therein;

(2) Despite subsection (1) and any other Act, a person employed in the Ministry in the administration of this Act who is designated by the Deputy Minister or by his or her delegate, (who must be at least at the level of assistant deputy minister) may disclose personal information about an individual in accordance with the regulations. 2009, c. 33, Sched. 9, s. 8 (3).

Purpose of disclosure

(3) Any disclosure made under subsection (2) shall be for one or more of the following purposes:

1. Protection of the public.

2. Protection of victims of crime.

3. Keeping victims of crime informed of the law enforcement, judicial or correctional processes relevant to the crime that affected them.

4. Law enforcement.

5. Correctional purposes.

6. Administration of justice.

7. Enforcement of and compliance with any federal or provincial Act, regulation or government program.

8. Keeping the public informed of the law enforcement, judicial or correctional processes respecting any individual. 1997, c. 17, s. 6.

Personal information

(4) Any disclosure made under subsection (2) shall be deemed to be in compliance with clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act. 1997, c. 17, s. 6; 2006, c. 34, Sched. C, s. 24.

Same

(5) If personal information is disclosed under subsection (2) to a ministry, agency or institution, the ministry, agency or institution shall collect such information and subsections 39 (2) of the Freedom of Information and Protection of Privacy Act and 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to that collection of personal information. 1997, c. 17, s. 6.

Designation of peace officers

11. (1) The Minister may designate in writing,

(a) a person who is an employee in the Ministry to be a peace officer while performing the person’s duties and functions; or

(b) a class or classes of persons from among the persons described in clause (a), to be peace officers while performing their duties and functions,

and may set out in the designation any conditions or limitations to which it is subject. R.S.O. 1990, c. M.22, s. 11 (1); 2009, c. 33, Sched. 9, s. 8 (4).

12. (1) No action or other proceeding for damages shall be instituted against the Deputy Minister or any officer or employee of the Ministry or anyone acting under his or her authority for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty or for any act of an inmate, parolee or probationer while under his or her custody and supervision. R.S.O. 1990, c. M.22, s. 12 (1); 2009, c. 2, s. 19.

Idem

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject, and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. R.S.O. 1990, c. M.22, s. 12 (2).

Compassionate allowance

13. The Lieutenant Governor in Council may pay a compassionate allowance in the prescribed manner and amounts as compensation to an inmate for permanent disability arising from an injury suffered while engaged in an authorized activity at a correctional institution or to any other person for injury or damage inflicted upon that person by an inmate while under the custody and supervision of the Ministry. 2009, c. 2, s. 20.

(3) The Lieutenant Governor in Council may, by order, designate any place as a correctional institution for the temporary custody of inmates for such period as is stated in the order and may, by order, exempt the place so designated from the application of this Act or any part of it. R.S.O. 1990, c. M.22, s. 14 (3).

Local monitoring boards

14.1 The Minister may establish a local monitoring board for a correctional institution, composed of persons appointed by the Minister. 2000, c. 40, s. 4.

Maximum and medium security custody programs

14.2 The Minister may establish in correctional institutions,

(a) maximum security custody programs, in which restrictions are continuously imposed on the liberty of inmates by physical barriers, close staff supervision or limited access to the community; and

(b) medium security custody programs, in which restrictions that are less stringent than in a maximum security custody program are imposed on the liberty of inmates. 2002, c. 18, Sched. N, s. 20.

Community resource centre

15. The Minister may designate any facility as a community resource centre for the rehabilitation and supervision of inmates, parolees or probationers in a community setting away from a correctional institution and the Minister may withdraw a designation from such a facility. R.S.O. 1990, c. M.22, s. 15.

Custody before sentencing

15.1 A person who is lawfully detained in a correctional institution but not sentenced to imprisonment may be detained in any correctional institution, as directed by the Ministry, or in the custody of a provincial bailiff or other person employed in a correctional institution. 2002, c. 18, Sched. N, s. 21; 2009, c. 2, s. 21.

Sentence to correctional institution

16. (1) The court before which a person is convicted under an Act of the Legislature of an offence punishable by imprisonment may sentence the person to imprisonment in a correctional institution. R.S.O. 1990, c. M.22, s. 16 (1).

Same

(2) A person who has been sentenced to imprisonment in a correctional institution may be detained in any correctional institution, as directed by the Ministry, or in the custody of a provincial bailiff or other person employed in a correctional institution. 2002, c. 18, Sched. N, s. 22.

(3) Repealed: 2009, c. 2, s. 22.

Warrant ineffective to specify correctional institution

17. A person who is sentenced, committed or transferred to a correctional institution may be received into any correctional institution, as directed by the Ministry, and any designation of a particular correctional institution in a warrant of committal is of no force or effect. 2002, c. 18, Sched. N, s. 23.

18. Repealed: 2002, c. 18, Sched. N, s. 24.

Provincial bailiffs

19. (1) The Minister may appoint provincial bailiffs who may convey an inmate in custody at a correctional institution to another correctional institution or penitentiary in which the inmate is lawfully directed to be confined. R.S.O. 1990, c. M.22, s. 19 (1).

(2) Repealed: 1997, c. 39, s. 8.

Powers

(3) A provincial bailiff has the powers of a constable when conveying an inmate under this section. R.S.O. 1990, c. M.22, s. 19 (3).

(2) The superintendent shall receive into the institution every person delivered under lawful authority for detention in the institution and is responsible for the custody and supervision of such person until his or her term of imprisonment is completed or until the person is transferred or otherwise discharged in due course of law. 2002, c. 18, Sched. N, s. 25 (3).

Deputy superintendent

(3) The Minister may designate one or more deputy superintendents of a correctional institution to be responsible for the administration of the institution when the superintendent, by reason of absence, illness or other cause, is unable to carry out his or her duties. 2002, c. 18, Sched. N, s. 25 (4).

Limitations

(4) A designation under subsection (1) or (3) may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the designation. 2000, c. 40, s. 5 (2).

Persons designated

(5) A person designated under subsection (1) or (3) may be an employee of the Ministry or any other person. 2000, c. 40, s. 5 (2).

Use of correctional institution lock-up

21. (1) The Minister may designate a correctional institution for use by a municipality as a lock-up and, where the Minister makes such a designation, the Minister shall fix a rate per day for persons in custody in the lock-up. 2002, c. 18, Sched. N, s. 26.

Payment by municipality

(2) The municipality shall pay to the Minister of Finance annually the rate per day that is fixed under subsection (1) for persons in custody in the lock-up during the year. 2002, c. 18, Sched. N, s. 26.

Inspection, investigation

22. (1) The Minister may designate any person as an inspector to make such inspection or investigation as the Minister may require in connection with the administration of this Act, and any person employed in the Ministry who obstructs an inspection or investigation or withholds, destroys, conceals or refuses to furnish any information or thing required by an inspector for the purposes of the inspection or investigation may be dismissed for cause from employment. 2006, c. 35, Sched. C, s. 71 (2).

Offence for obstructing inspection

(2) A contractor or employee of a contractor who obstructs an inspection or investigation or withholds, destroys, conceals or refuses to furnish any information or thing required by an inspector for the purposes of the inspection or investigation is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2000, c. 40, s. 6.

Ministerial inquiry

23. (1) The Minister may, by order, appoint a person to make an inquiry into any matter to which this Act applies as may be specified in the Minister’s order and the person so appointed shall report the result of the inquiry to the Minister. 2009, c. 33, Sched. 6, s. 69.

23.1 (1) The superintendent of a correctional institution may authorize a search, to be carried out in the prescribed manner, of,

(a) the correctional institution or any part of the correctional institution;

(b) the person of any inmate or other person on the premises of the correctional institution;

(c) the property of any inmate or other person on the premises of the correctional institution;

(d) any vehicle entering or on the premises of the correctional institution. 2002, c. 18, Sched. N, s. 27.

Contraband

(2) Any contraband found during a search may be seized and disposed of in the prescribed manner. 2002, c. 18, Sched. N, s. 27.

Same

(3) For the purpose of subsection (2),

“contraband” means,

(a) anything that an inmate is not authorized to have,

(b) anything that an inmate is authorized to have but in a place where he or she is not authorized to have it,

(c) anything that an inmate is authorized to have but in a quantity that he or she is not authorized to have it, and

(d) anything that an inmate is authorized to have but which is being used for a purpose for which he or she is not authorized to use it. 2002, c. 18, Sched. N, s. 27.

Hospitalization and mental examinations

Medical treatment

24. (1) Where an inmate requires medical treatment that cannot be supplied at the correctional institution, the superintendent shall arrange for the inmate to be conveyed to a hospital or other health facility. 2002, c. 18, Sched. N, s. 28.

Psychiatric treatment

(2) Where an inmate requires hospitalization in a psychiatric facility under the Mental Health Act, the superintendent shall arrange for the inmate to be conveyed to a psychiatric facility. 2002, c. 18, Sched. N, s. 28.

Mental examination

(3) The superintendent may direct that an examination be made of an inmate by a psychiatrist or psychologist for the purpose of assessing the emotional and mental condition of the inmate. 2002, c. 18, Sched. N, s. 28.

Rehabilitation programs

25. The Minister may establish rehabilitation programs under which inmates may be granted the privilege of continuing to work at their regular employment, obtaining new employment, attending academic institutions, or participating in any other program that the Minister may consider advisable in order that such persons may have a better opportunity for rehabilitation. R.S.O. 1990, c. M.22, s. 25.

Work outside institution

26. (1) The Minister may authorize an inmate or group of inmates to participate in a work project or rehabilitation program outside the correctional institution in which the inmate or inmates are confined and the Minister may authorize the absence of the inmate or group of inmates from the correctional institution for that purpose on such terms and conditions as the Minister may specify. R.S.O. 1990, c. M.22, s. 26 (1).

Idem

(2) Every inmate who is absent from a correctional institution under subsection (1) shall comply with such terms and conditions as are specified by the Minister. R.S.O. 1990, c. M.22, s. 26 (2).

Offence

(3) Every inmate who contravenes subsection (2) without lawful excuse, the proof of which lies upon the inmate, is guilty of an offence and on conviction is liable to imprisonment for a term of not more than one year. R.S.O. 1990, c. M.22, s. 26 (3).

Temporary absence

27. (1) Where, in the opinion of a person, designated by the Lieutenant Governor in Council for the purpose, it is necessary or desirable that an inmate be temporarily absent from a correctional institution for medical or humanitarian reasons or to assist the inmate in his or her rehabilitation, the person may authorize the temporary absence of the inmate on such terms and conditions as the person may specify. R.S.O. 1990, c. M.22, s. 27 (1); 2000, c. 40, s. 7; 2002, c. 18, Sched. N, s. 29.

Idem

(2) Every inmate temporarily absent under subsection (1) shall comply with such terms and conditions as are specified and shall return to the correctional institution at the expiration of the period for which the inmate is authorized to be at large. R.S.O. 1990, c. M.22, s. 27 (2).

Offence

(3) Every inmate who contravenes subsection (2) without lawful excuse, the proof of which lies upon the inmate, is guilty of an offence and on conviction is liable to imprisonment for a term of not more than one year. R.S.O. 1990, c. M.22, s. 27 (3).

Custody

27.1 An inmate shall be deemed to be in the custody of a correctional institution for the purposes of this Act even if he or she is not on the premises of the correctional institution, so long as he or she is in the custody of a correctional officer. 2002, c. 18, Sched. N, s. 30.

Remission

28. (1) Every inmate may be credited with remission of his or her sentence and is subject to the forfeitures of such remission equivalent to that provided for in the Prisons and Reformatories Act (Canada). R.S.O. 1990, c. M.22, s. 28 (1); 2002, c. 18, Sched. N, s. 31 (1).

Restoration of forfeiture remission

(2) Where an inmate has forfeited the whole or any part of his or her remission, a person designated by the Minister for the purpose may, where the person is satisfied that it is in the interest of the inmate’s rehabilitation, remit the whole or any part of such forfeiture. R.S.O. 1990, c. M.22, s. 28 (2); 2002, c. 18, Sched. N, s. 31 (2).

Surrender of remission

(3) Where an inmate offers to surrender the whole or any part of his or her remission and where, in the opinion of the superintendent, it is necessary or desirable that the inmate remain confined in the correctional institution for medical or humanitarian reasons or to assist the inmate in his or her rehabilitation for a period of time after the day on which the inmate is eligible to be released by reason of remission, the superintendent may authorize the surrender of remission by the inmate. 2002, c. 18, Sched. N, s. 31 (3).

Supervision, privileges continued

(4) Where an inmate surrenders remission under subsection (3), the inmate shall remain confined in the correctional institution for such further period that corresponds to the amount of remission surrendered, under the same control and supervision and with the same privileges as if the inmate were not eligible to be released at that time. R.S.O. 1990, c. M.22, s. 28 (4).

Withdrawal

(5) Despite subsection (3), a superintendent may withdraw an authorization and an inmate may withdraw a surrender of remission at any time after the day on which the inmate was eligible for release from the correctional institution, and where such withdrawal is made in writing, the inmate shall be released from the institution forthwith. R.S.O. 1990, c. M.22, s. 28 (5); 2002, c. 18, Sched. N, s. 31 (4).

Determinations of remission

28.1 A determination of whether an inmate has earned remission under the Prisons and Reformatories Act (Canada) or section 28 of this Act shall comply with the requirement under subsection 6 (1) of the Prisons and Reformatories Act that inmates earn remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote inmates’ rehabilitation and reintegration as determined in accordance with the regulations made under clause 60 (1) (d.1). 2000, c. 40, s. 8.

29. Repealed: 2002, c. 18, Sched. N, s. 32.

Ministry employees, conflicts of interest, etc.

Employees not to be interested in contracts

30. (1) No person employed in the Ministry or by a contractor shall, without the approval of the Minister, either in the person’s own name or in the name of or in connection with or as the agent of any other person, provide, furnish or supply any materials, goods or provisions for the use of a correctional institution or community resource centre, or have an interest, directly or indirectly, in furnishing, supplying or transporting the same or in any contract relating thereto. R.S.O. 1990, c. M.22, s. 30 (1); 2002, c. 18, Sched. N, s. 33 (1).

Employees not to trade, etc., with persons in custody

(2) No person employed in the Ministry or by a contractor shall, without the approval of the Minister, buy from or sell to any inmate, parolee or probationer anything whatsoever or take or receive to the person’s own use or for the use of any other person, any fee or gratuity from any inmate in a correctional institution or from any visitor thereto or any parolee or probationer or from any other person in respect of an inmate, parolee or probationer. R.S.O. 1990, c. M.22, s. 30 (2); 2002, c. 18, Sched. N, s. 33 (2).

Offence

(3) Every person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c. M.22, s. 30 (3).

32. (1) The Ontario Parole and Earned Release Board is continued as a board known in English as the Ontario Parole Board and in French as Commission ontarienne des libérations conditionnelles. 2009, c. 33, Sched. 9, s. 8 (7).

Composition

(2) The Board shall be composed of such full-time and part-time members appointed by the Lieutenant Governor in Council as the Lieutenant Governor in Council may consider necessary. 2000, c. 40, s. 10.

Provincial parole board

(3) For the purposes of any Act of the Parliament of Canada, the Board is the provincial parole board for Ontario. 2000, c. 40, s. 10.

Board chair and quorum

33. (1) The Lieutenant Governor in Council may designate one of the members of the Board to be the chair thereof. R.S.O. 1990, c. M.22, s. 33 (1).

Same

(2) Two members of the Board constitute a quorum, but if the Board fails to reach a decision on any matter, question or thing that was examined or heard by only two members, the Board shall re-examine or rehear the matter, question or thing. 1996, c. 1, Sched. P, s. 1.

Remuneration of part-time members

34. The members of the Board who are part-time members shall serve without salary but may be paid such expenses and allowances for attendance at Board meetings and for other attendances in connection with the business of the Board as may be determined by the Lieutenant Governor in Council. R.S.O. 1990, c. M.22, s. 34.

Exclusive jurisdiction of Board

34.1 (1) The Board has exclusive jurisdiction to examine, hear and determine all matters and questions relating to the release of inmates on parole and any matter or thing in respect of which any power, authority or discretion is conferred upon the Board by or under this Act or which is conferred upon a provincial parole board by the Corrections and Conditional Release Act (Canada). 2002, c. 18, Sched. N, s. 34.

(2) Repealed: 2009, c. 33, Sched. 9, s. 8 (8).

Decisions final

(3) Any action or decision of the Board on a matter, question or thing for which it has exclusive jurisdiction is final and conclusive and is not open to question or review in any court and no proceedings by or before the Board shall be restrained by injunction, prohibition or other process or proceeding in any court or be removable by application for judicial review or otherwise into any court. 2002, c. 18, Sched. N, s. 34.

Granting of parole

35. (1) Subject to the regulations, the Board may order the release from custody on parole of any inmate convicted of an offence under any Act of the Legislature, any Act of the Parliament of Canada or against a municipal by-law upon such conditions as the Board may determine. R.S.O. 1990, c. M.22, s. 35.

Application for parole

(2) Upon an application by an inmate for parole, the Board shall,

(a) grant parole upon the conditions that it considers appropriate; or

(b) deny parole. 2002, c. 18, Sched. N, s. 35.

35.1 Repealed: 2002, c. 18, Sched. N, s. 36.

Revocation of parole before release

36. (1) Where parole has been granted but the inmate has not yet been released from custody on parole, the Board may revoke its grant of parole if,

(a) it obtains new information that is relevant to its decision to grant parole; or

(2) Where the Board has revoked a grant of parole under clause (1) (a), the Board shall hold a new hearing to determine whether to grant parole or not, unless the inmate waives his or her right to the hearing. 2002, c. 18, Sched. N, s. 37.

Powers

(3) After the hearing under subsection (2), the Board may,

(a) grant parole upon the conditions that it considers appropriate; or

(b) deny parole. 2002, c. 18, Sched. N, s. 37.

Victims

36.1 Victims within the meaning of the Victims’ Bill of Rights, 1995

and other victims of offences may participate in proceedings of the Board in accordance with the regulations. 2002, c. 12, s. 1.

Remission

37. Where parole is granted under section 35 or 36, the term of parole shall include any portion of remission standing to the credit of the parolee when he or she is released and shall end upon the expiration of his or her sentence as set out in his or her warrant of committal. 2002, c. 18, Sched. N, s. 38.

Duty to submit information to Board

38. When required by the Board, it is the duty of every person having information relevant to the suitability of an inmate to be paroled or released on a temporary absence to submit such information to the Board or to a person employed in the administration of this Act and authorized by the Ministry for the purpose. 2002, c. 18, Sched. N, s. 39.

Suspension of parole after release

39. (1) A member of the Board or a person designated for the purpose by the chair of the Board may, by warrant, in circumstances described in subsection (2),

(a) suspend a parolee’s parole;

(b) authorize the apprehension of the parolee; and

(c) authorize the recommittal of the parolee to custody until the suspension is cancelled, the parole is revoked or the sentence expires according to law. 2002, c. 18, Sched. N, s. 40.

Circumstances

(2) Subsection (1) applies if,

(a) the parolee breaches a condition of his or her parole; or

(b) the member of the Board or designated person referred to in subsection (1) is satisfied that it is necessary and reasonable to suspend the parole in order to,

(3) The Board shall hold a hearing to review the granting and suspension of the inmate’s parole as soon as possible after a parolee has been recommitted to custody under subsection (1). 2002, c. 18, Sched. N, s. 40.

Revocation or reinstatement of parole

(4) The Board shall consider the reasons for suspending the parole and the submissions, if any, of the inmate and shall, after a hearing under subsection (3),

(a) lift the suspension of the parole and allow the inmate to be released and continue his or her parole upon the conditions that it considers appropriate; or

(b) revoke the parole. 2002, c. 18, Sched. N, s. 40.

Calculation of term if parole revoked

(5) Where parole is revoked by the Board after a hearing under subsection (3), the parolee shall, even if his or her parole had been granted before the coming into force of section 40 of Schedule N to the Government Efficiency Act, 2002, serve the remaining portion of his or her term of imprisonment, including any remission that was to his or her credit at the time parole was granted, less,

(a) the period of time spent on parole;

(b) the period of time during which parole was suspended and the parolee was in custody; and

(c) any remission credited to the parolee applicable to the period during which the parolee is in custody after his or her parole was suspended. 2002, c. 18, Sched. N, s. 40.

Same

(6) Despite subsection (5), the Board may recredit an inmate whose parole is revoked through no fault of the inmate with all or part of the remission which the inmate would have been eligible to earn, if parole had not been granted, up to the time the parole was suspended and the parolee was in custody. 2002, c. 18, Sched. N, s. 40.

Annual report

40. The Board shall in each year make a report in writing to the Lieutenant Governor in Council of the history and proceedings of the Board during the twelve-month period ending on the 31st day of March of such year. R.S.O. 1990, c. M.22, s. 40.

Act not to affect executive power to reprieve, pardon, etc.

41. Nothing in this Act shall be construed as affecting or impairing or as intending or purporting to affect or impair the powers of the Governor General of Canada or the Lieutenant Governor of Ontario to grant a reprieve, pardon or commutation of sentence in any case. R.S.O. 1990, c. M.22, s. 41.

43. (1) Such probation officers as are considered necessary for the purposes of this Act shall be appointed under Part III of the Public Service of Ontario Act, 2006. R.S.O. 1990, c. M.22, s. 43 (1); 2006, c. 35, Sched. C, s. 71 (3).

Jurisdiction

(2) Every probation officer appointed in accordance with subsection (1) is a probation officer in and for the Province of Ontario and shall perform his or her duties in such part of Ontario as is assigned from time to time by the Minister. R.S.O. 1990, c. M.22, s. 43 (2).

Same

(3) Every probation officer appointed in accordance with subsection (1) is a probation officer for the purposes of,

(a) this Act, the Provincial Offences Act, the Child and Family Services Act and any other Act of the Legislature; and

(a) to procure and report to a court such information pertaining to a person found to have committed an offence as the court may require for the purpose of making a disposition of the case;

(b) to make recommendations in the report referred to in clause (a) as to the disposition of the case upon being requested by the court;

(c) to comply with any direction made to the probation officer by a court in a probation order. R.S.O. 1990, c. M.22, s. 44 (1).

Variation of direction

(2) Where a probation officer is of the opinion that compliance with a direction issued by a court is inconvenient or impossible, the probation officer may apply to the court for a variation of its direction, and the court, upon consideration of the reasons for the application, may vary its direction to the probation officer as it considers appropriate in the circumstances. R.S.O. 1990, c. M.22, s. 44 (2).

Duties assigned by Minister

(3) In addition to the duties of a probation officer referred to in subsection (1), a probation officer shall perform such other duties as are assigned by the Minister. R.S.O. 1990, c. M.22, s. 44 (3).

Part V (ss. 45-57.0.1) Repealed: 2009, c. 2, s. 23.

PART V.1 CONTRACTORS

Contractor employed in administration of Act

57.1 A contractor and a contractor’s employees shall, for the purposes of this Act, be deemed to be employed in the administration of this Act. 2000, c. 40, s. 14.

Relationship to Crown

Contractor not Crown agent

57.2 (1) A contractor and the persons employed by a contractor are not agents of Her Majesty for any purpose, despite the Crown Agency Act, and shall not hold themselves out as agents of Her Majesty for any purpose. 2000, c. 40, s. 14.

Not employees of the Crown

(2) A contractor and the persons employed by a contractor are not and shall not be deemed to be employees of the Crown. 2006, c. 35, Sched. C, s. 71 (4).

Contract compliance monitoring

57.3 (1) The Minister may designate one or more employees of the Ministry as contract compliance managers to monitor the provision of correctional services by contractors pursuant to contracts or agreements entered into under subsection 8 (4) or (5). 2000, c. 40, s. 14.

Inspection

(2) For the purpose of determining whether a contract or agreement is being complied with or whether this Act or an Act of the Parliament of Canada that relates to correctional services is being complied with, the Minister, a contract compliance manager or any other person authorized for the purpose by the Minister may without a warrant enter and inspect,

(a) a correctional institution operated and maintained by a contractor, at any time; and

(b) any place, other than a correctional institution, where the contractor keeps documents or things relevant to the inspection, during normal business hours. 2000, c. 40, s. 14.

Identification

(3) A person conducting an inspection, other than the Minister, shall produce, on request, evidence of his or her designation as a contract compliance manager or of his or her authorization under subsection (2). 2000, c. 40, s. 14.

Dwellings

(4) No person conducting an inspection under this section may enter a place described in clause (2) (b) that is also a dwelling without the consent of the occupier or without first obtaining and producing a warrant. 2000, c. 40, s. 14.

Powers on inspection

(5) A person conducting an inspection may,

(a) examine any document or thing that is relevant to the inspection;

(b) demand the production for inspection of any document or thing that is relevant to the inspection;

(c) remove for review and copying any document or thing that is relevant to the inspection;

(d) in order to produce a document in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the correctional institution;

(e) conduct tests or take samples of any thing that is relevant to the inspection; and

(f) question an employee of the contractor or an inmate of the correctional institution on matters relevant to the inspection, subject to the person’s right to have counsel or another representative present during the questioning. 2000, c. 40, s. 14.

Written demand

(6) A demand that a document or other thing be produced for inspection must be in writing and must include a statement of the nature of the document or thing required. 2000, c. 40, s. 14.

Obligation to produce and assist

(7) If a person conducting an inspection demands that a document or thing be produced for inspection, the person who has custody of the document or thing shall produce it and, in the case of a document, shall on request provide any assistance that is reasonably necessary to interpret the document or to produce it in a readable form. 2000, c. 40, s. 14.

Documents and things removed from place

(8) A document or thing that has been removed for review and copying,

(a) shall be made available to the person from whom it was removed, for review and copying, on request and at a time and place that are convenient for the person and for the person conducting the inspection; and

(b) shall be returned to the person within a reasonable time. 2000, c. 40, s. 14.

Copy admissible in evidence

(9) A copy of a document that purports to be certified by a person conducting an inspection as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value. 2000, c. 40, s. 14.

Contractor to provide unrestricted access

(10) A contractor shall provide unrestricted access to the Minister, a contract compliance manager and any other person authorized for the purpose of conducting inspections by the Minister to,

(a) a correctional institution that is operated and maintained by the contractor;

(b) persons employed by the contractor in connection with the provision of correctional services by the contractor;

(c) inmates of the correctional institution; and

(d) documents or things in the possession or control of the contractor and relating to the provision of correctional services by the contractor. 2000, c. 40, s. 14.

Warrant

(11) If a justice of the peace is satisfied on information on oath that entry to a place described in clause (2) (a) or (b) has been denied or will be denied, the justice of the peace may issue a warrant authorizing the Minister, a contract compliance manager or any other person designated by the Minister and named in the warrant to enter premises specified in clause (2) (a) or (b) and to do anything described in subsection (5). 2000, c. 40, s. 14.

Same

(12) A warrant issued under subsection (11) shall name the date on which it expires, which shall not be later than 15 days after its issue and may be executed only between 6 a.m. and 9 p.m. unless the warrant specifies otherwise. 2000, c. 40, s. 14.

Obstruction

(13) No person shall hinder, obstruct or interfere with a person conducting an inspection under this section, refuse to answer questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading. 2000, c. 40, s. 14.

Offence

(14) Every person who contravenes subsection (13) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2000, c. 40, s. 14.

57.4 (1) If the Minister is of the opinion that a contractor has failed to provide correctional services in a competent manner, the Minister may issue a direction to the contractor with respect to those services and require the contractor to report back on the implementation of the direction within the time and in the manner specified by the Minister. 2000, c. 40, s. 14.

Same

(2) The contractor shall comply with the direction and provide the report as required. 2000, c. 40, s. 14.

Emergencies, safety risks

Minister’s directions to contractor

57.5 (1) The Minister may issue a direction to the contractor or to any employees of the contractor with respect to any correctional services and require the contractor to report back on the implementation of the direction within the time and in the manner specified by the Minister if the Minister is of the opinion that,

(a) there is a risk to the safety of any person or the security of any property; or

(b) there is an emergency situation related to the provision of the correctional services by the contractor. 2000, c. 40, s. 14.

Same

(2) The contractor and the contractor’s employees shall comply with the direction and the contractor shall provide the report as required. 2000, c. 40, s. 14.

Other actions by Minister

(3) Whether or not a direction is issued under subsection (1), the Minister may take any action he or she considers necessary for the safe and proper provision of correctional services, without obtaining a court order, if the Minister is of the opinion that,

(a) there is a risk to the safety of any person or the security of any property; or

(b) there is an emergency situation related to the provision of the correctional services by the contractor. 2000, c. 40, s. 14.

Force

(4) The Minister may use such force as is necessary in taking any action authorized by subsection (3). 2000, c. 40, s. 14.

Replacement of superintendent

57.6 (1) The Minister may appoint a person to act in the place of the superintendent of a correctional institution for the period of time specified in the appointment if,

(a) the Minister is not satisfied that the contractor is complying with a direction issued under section 57.4 or is of the opinion that the contractor is continuing to fail to provide correctional services in a competent manner despite complying with the direction; or

(b) the Minister is not satisfied that the contractor is complying with a direction issued under subsection 57.5 (1) or is of the opinion that a circumstance described in subsection 57.5 (1) continues to exist despite the efforts of the contractor. 2009, c. 2, s. 24 (1).

Powers of replacement

(2) A person appointed under subsection (1) shall have all the powers, duties and functions of the director or superintendent, subject to any limitations, restrictions, conditions and requirements set out in the appointment. 2000, c. 40, s. 14.

Duty to co-operate

(3) The contractor that operates or maintains the correctional institution, the contractor’s employees and the replaced superintendent shall co-operate with the person appointed under this section by providing any assistance that the person may request and the contractor’s employees shall comply with any directions given by the person appointed under this section. 2009, c. 2, s. 24 (2).

Same

(4) The contractor that operates or maintains the correctional institution, the contractor’s employees and the replaced superintendent shall provide immediate and unrestricted access to the person appointed under this section to the correctional institution and to all documents and things relevant to the operation and maintenance of the institution. 2009, c. 2, s. 24 (2).

Powers of Ombudsman

57.7 A contractor shall be deemed to be a public sector body for the purpose of sections 19 and 25 of the Ombudsman Act. 2000, c. 40, s. 14; 2014, c. 13, Sched. 9, s. 20.

Relationship of Part to contract

57.8 (1) Subject to subsection (2), this Part prevails over a contract or agreement. 2000, c. 40, s. 14.

Authority in contract

(2) This Part does not limit any authority that the Minister has under a contract or agreement. 2000, c. 40, s. 14.

PART VI GENERAL PROVISIONS

Substance testing

57.9 (1) A person authorized by the Minister for the purpose may demand that an inmate in a correctional institution produce evidence of the absence of alcohol or other prescribed substances from his or her body by submitting to a prescribed test to determine the presence of alcohol or other prescribed substances in his or her body, if,

(a) the demand is authorized by the director or superintendent of the correctional institution and the person authorized by the Minister has reasonable grounds to suspect that,

(i) the inmate has consumed or used alcohol or another prescribed substance, and

(ii) a test is necessary to confirm the consumption or use;

(b) the demand is part of a prescribed random selection substance testing program, conducted without individualized grounds on a periodic basis and in accordance with the regulations; or

(c) a substance test is prescribed as a requirement for participation in,

(i) a prescribed program or activity involving contact with the community, or

(ii) a prescribed substance abuse program. 2000, c. 40, s. 15.

Same

(2) A person authorized by the Minister for the purpose may demand that a parolee, inmate who is released from custody on a temporary absence, probationer or conditional sentence offender produce evidence of the absence of alcohol or other prescribed substances from his or her body by submitting to a prescribed test to determine the presence of alcohol or other prescribed substances in his or her body,

(a) at once, if the person authorized by the Minister has reasonable grounds to suspect that the person has breached any condition of his or her parole or temporary absence that requires abstention from alcohol or other prescribed substances, in order to monitor the person’s compliance with that condition;

(b) at once, if the person authorized by the Minister has reasonable grounds to suspect that the person has breached any condition of his or her probation or conditional sentence that requires abstention from alcohol or other prescribed substances, in order to monitor the person’s compliance with that condition;

(c) at regular intervals, in order to monitor the person’s compliance with any condition of his or her parole or temporary absence that requires abstention from alcohol or other prescribed substances; or

(d) at regular intervals, in order to monitor the person’s compliance with any condition of his or her probation or conditional sentence that requires abstention from alcohol or other prescribed substances. 2000, c. 40, s. 15.

Application of subs. (2)

(3) Subsection (2) only applies if it is a condition of the person’s parole, temporary absence, probation or conditional sentence that the person,

(a) abstain from the consumption or use of alcohol or other prescribed substances; and

(b) submit to testing to determine the presence of alcohol or other prescribed substances. 2000, c. 40, s. 15.

Application of Statutory Powers Procedure Act

58. Despite anything in the

Statutory Powers Procedure Act, that Act does not apply to proceedings,

59. Every member of the Legislative Assembly of Ontario is entitled to enter and inspect any correctional institution or community resource centre established or designated under this Act, whether it is operated or maintained by the Ministry or by a contractor, for any purpose related to the member’s duties and responsibilities as a member of the Legislative Assembly, unless the Minister determines that the correctional institution or community resource centre is insecure or an emergency condition exists in it. 2009, c. 2, s. 26.

Regulations

60. (1) The Lieutenant Governor in Council may make regulations,

(a) respecting the operation, management and inspection of correctional institutions;

(b) respecting the operation, management and inspection of community resource centres;

(c) Repealed: 2009, c. 2, s. 27 (1).

(c.1) with respect to contracts and agreements entered into under subsection 8 (4) or (5), prescribing and governing the powers and duties of the Minister, employees of the Ministry, contractors, employees of contractors, and other persons employed in the administration of this Act, and providing that regulations made under this clause apply despite a contract or agreement entered into under subsection 8 (4) or (5);

(c.2) prescribing provisions of the Freedom of Information and Protection of Privacy Act that apply, with necessary modifications, to contractors and employees of contractors;

(c.3) prescribing and governing powers and duties of local monitoring boards established under section 14.1, and requiring superintendents of correctional institutions to give the members of the local monitoring board access in accordance with the regulations to the premises of the correctional institution, its records, its employees and its inmates;

(c.4) Repealed: 2009, c. 33, Sched. 9, s. 8 (11).

(c.5) prescribing substances and tests for the purpose of section 57.9;

(c.7) prescribing programs or activities involving contact with the community for which a substance test is a requirement for participation;

(c.8) prescribing substance abuse programs for which a substance test is a requirement for participation;

(d) Repealed: 2002, c. 18, Sched. N, s. 56 (4).

(d.1) governing, for the purpose of earning remission under subsection 6 (1) of the Prisons and Reformatories Act (Canada) and section 28 of this Act, active participation in programs designed to promote rehabilitation and reintegration;

(f) requiring the maintenance of records and providing for their destruction;

(g) respecting the retention and disposal of the property of inmates;

(h) providing for the granting of compassionate allowances;

(i) providing for and establishing criteria for the granting of temporary absences or parole in respect of inmates;

(j) establishing rules of procedure for the Ontario Parole Board;

(j.1) for the purpose of section 36.1, authorizing and governing the participation of victims within the meaning of the Victims’ Bill of Rights, 1995 and other victims of offences in proceedings of the Board;

(j.2) authorizing persons, other than victims within the meaning of the Victims’ Bill of Rights, 1995 and other victims of offences, to attend proceedings of the Ontario Parole Board as observers, and governing their attendance;

(k) providing for the appointment and remuneration of members of the Ontario Parole Board;

(l) respecting the duties and powers of directors, superintendents, probation officers, parole officers, correctional officers, other persons employed in the administration of this Act and volunteers;

(l.1) prescribing standards of professional ethics for persons employed in the administration of this Act and requiring compliance with those standards;

(m)-(q) Repealed: 2009, c. 2, s. 27 (5).

(r) providing for the assessment of inmates;

(s) prescribing grooming and appearance standards for inmates serving sentences in correctional institutions that are relevant to the security of those institutions or to the health or safety of persons, and requiring compliance with those standards;

(t) providing for the monitoring, intercepting or blocking of communications of any kind between an inmate of a correctional institution and another inmate or other person, where reasonable for protecting the security of the institution or the safety of persons;

(t.1) prescribing procedures for carrying out searches in correctional institutions;

(t.2) prescribing procedures for the disposition of contraband found during a search;

(u) prescribing the nature of personal information about individuals that may be disclosed, to whom it may be disclosed and the circumstances in which it may be disclosed;

(2) The Minister may require that forms approved by the Minister be used for any purpose of this Act. 2009, c. 33, Sched. 9, s. 8 (15).

(3) Repealed: 2009, c. 33, Sched. 9, s. 8 (15).

Fees and charges

(4) The Minister may impose and collect fees and charges to recover costs incurred by the Ministry. 1997, c. 39, s. 10 (2).

Discipline

(5) The fact that an inmate is alleged to have committed an act or omission that is an offence under an Act of Canada or Ontario does not prevent disciplinary procedures from being taken against him or her in respect of the act or omission in accordance with the regulations made under clause (1) (e). 2002, c. 12, s. 2 (4); 2009, c. 2, s. 27 (7).

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